AHJ v NSW Trustee and Guardian (No 2) [2012] NSWADT 14

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AHJ v NSW Trustee and Guardian (No 2) [2012] NSWADT 14 Hearing dates: 6 December 2011 Decision date: 02 February 2012 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: (1) The application is dismissed. (2) The applicants are to pay the second and third respondents' costs of the application for dismissal as agreed or assessed. Catchwords: Application for dismissal and for costs - whether application for merits review should be adjourned pending outcome of Supreme Court proceedings - application lacks merit and is an abuse of process - costs - whether costs justified because of lack of merit of application or an attempt to deceive the Tribunal Legislation Cited: Administrative Decisions Tribunal Act 1997 NSW Trustee and Guardian Act 2009 Cases Cited: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Category: Interlocutory applications Parties: AHJ (Applicant 1) AHK (Applicant 2) AHL (Applicant 3) AHM (Applicant 4) NSW Trustee and Guardian (Respondent 1) AIG (Second Respondent) AIH (Third Respondent) Representation: Counsel S Adair (Applicants - AHJ, AHK, AHL and AHM) G Mahony (Second respondent - AIG) J O'Sullivan (Third respondent - AIH) JP Gould, Solicitors (Applicants) Tudehope Lawyers (Second Respondent) Streeterlaw (Third Respondent) File Number(s): 113323